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04/13/89 John R. Peterson Et Al., v. Monsanto Company Et Al.

April 13, 1989

JOHN R. PETERSON ET AL., PLAINTIFFS-APPELLEES

v.

MONSANTO COMPANY ET AL., DEFENDANTS-APPELLANTS



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

537 N.E.2d 1030, 181 Ill. App. 3d 677, 130 Ill. Dec. 701 1989.IL.523

Appeal from the Circuit Court of Madison County; the Hon. A.A. Matoesian, Judge, presiding.

APPELLATE Judges:

JUSTICE HOWERTON delivered the opinion of the court. WELCH, P.J., and HARRISON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOWERTON

This is the second time this case has been appealed. This time we find that the circuit court properly refused to transfer this case from Madison County on forum non conveniens grounds.

Originally, 32 plaintiffs filed a suit against Monsanto Company and Dow Chemical Company in Madison County for injuries received from exposure to dioxins. Plaintiffs were exposed while spraying herbicides on numerous occasions at numerous sites. Defendant Monsanto moved to transfer for wrongful venue under section 2-104 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-104). Defendant's motion was denied and defendant appealed.

his court found that venue properly had been laid in Madison County as to five plaintiffs, and reversed as to 27, and further found that while the exposure of the five to the dioxin in Madison County was minimal, it had been enough to make venue in Madison County proper. Peterson v. Monsanto Co. (1987), 157 Ill. App. 3d 508, 510 N.E.2d 458.

In this appeal, we deal with the case remanded to Madison County in the 1987 decision of this court involving the five remaining plaintiffs.

After remand, Monsanto filed a motion to transfer for forum non conveniens as to the five remaining plaintiffs claiming that St. Louis County is a more convenient forum. The circuit court of Madison County denied defendant's motion, and Monsanto was granted leave to appeal under Supreme Court Rule 306(a)(1)(iv) (107 Ill. 2d R. 306(a)(1)(iv)).

There are two types of forum non conveniens : (1) intrastate; and (2) interstate.

Under intrastate forum non conveniens, one court in Illinois may transfer a case to another Illinois court.

Under intrastate forum non conveniens, Illinois courts may decline jurisdiction if it is more convenient to ...


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